The personal injuries attorneys at Aeton have significant experience helping slip and fall victims, including those with catastrophic injuries resulting from the negligence and recklessness of Connecticut property owners. Slip and fall, and trip and fall, injuries can be severe especially if the victim is elderly or medical compromised. Therefore, if you have been injured in a fall after slipping or tripping it is important that you speak with a Connecticut slip and fall attorney as soon as possible to begin the process of attempting to recover for your injuries.
Many times, those that are injured in a slip and fall accident believe they are to blame for not paying adequate attention to their surroundings, however it is often the case that they are the victim of a defective condition on the premises or a modification to the property that the owner has failed to warn of. The Connecticut slip and fall attorneys at Aeton have helped many victims throughout Hartford, New Haven, Middletown, and Stamford prove these defective conditions and receive their just compensation from the owner of that premises for their injuries.
Recovering Compensation for Personal Injuries Resulting from a Slip and Fall IN CONNECTICUT
Most often, a lawsuit alleging damages from a slip and fall is brought under the theory that the property owner was negligent in maintaining a safe environment. These actions are categorized as premises liability matters and the concept is based on the victim’s ability to prove that the property owner was negligent in that he or she allowed a dangerous condition to persist on the property. Like all actions of negligence, Plaintiff’s in premises liability actions must prove four elements: duty, breach, causation, and injuries.
CONNECTICUT LAWYERS FOR SLIP AND FALLS
The threshold issue is to determine if the property owner where the slip and fall occurred owed a duty to maintain a safe environment for the injured visitor at all. Connecticut’s premises liability law states that an owner of private property owes a different duty to visitors based on the property owner’s relationship to that visitor. In general, there are three classes of visitors: trespassers, invitees, and licensees. Depending on which class a visitor fits into determines the duty and standard of care the property owner must provide to the visitor.
For example, if you are a resident of Cromwell shopping at a business in Newington and slip and fall on a liquid that has been permitted to remain on the floor of the building, then the first issue to address is whether you were permitted by the property owner to be there.
TRESPASSERS, LICENSEES AND INVITEES IN CONNECTICUT
A trespasser is owed the least amount of care from the property owner because the owner would have no reason to believe or expect the visitor to be on the property at all. Therefore, the property owner owes no duty regarding the condition of the premises, but he or she cannot intentionally harm trespassers with dangerous conditions.
A licensee is a visitor of property who can be on the premises either by invitation or permission of the property owner. The general rule for the duty owed to licensees states that the owner must give reasonable notice to the visitors who have permission to be on the property as to any known dangers on the property. These typically include mail carriers or other people who can come onto the property but are not explicitly invited. Thus, if a property owner in Vernon, Connecticut knows that the walkway leading to the front door is defective in some manner, then the owner and/or person who maintains the walkway would be liable for any injuries sustained by a delivery person if he failed to adequately warn of the defective condition.
Lastly, and most commonly, an “invitee” is owed the highest duty of care by the property owner. Invitees are typically any visitor who is invited to the property for the mutual benefit of the parties. This applies to businesses who “invite” visitors to their stores for the purpose of conducting business.
CONNECTICUT LAW ON SOCIAL GUESTS
In Connecticut, a social guest to a property has the status of an invitee under Connecticut General Statutes Section 52-557a. For example, if you attend a house party in New Haven, Connecticut and slip and fall down the stairs of the house due to a defective railing, you will have a cause of action against the owner of the property if he or she knew of the defective stairway and failed to warn you.
The social guest must establish that there was in fact a defective condition on the property. To hold the Defendant liable for her personal injuries, a Plaintiff alleging a claim of negligence based upon premises liability must prove:
(1) the existence of a defect;
(2) that the defendant knew or in the exercise of reasonable care should have known about the defect; and
(3) that such defect had existed for such a length of time that the defendant should, in the exercise of reasonable care, have discovered it in time to remedy it.
This standard of care requires that, for example, shopping centers or supermarkets clean up spills, or at least display a warning, immediately after the spill is learned of to ensure that no visitors or “invitees” slip and fall on the dangerous condition.
CONTACT AETON LAW FOR YOUR SLIP AND FALL CASE
The slip and fall attorneys at Aeton have the necessary experience in investigating and litigating these types of matters. If you ever find yourself injured while due to a slip and fall, contact Aeton’s personal injury attorneys for a free consultation to discuss your rights to compensation. Call 860.724.2160.